Hurley v. Holland

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties’ cross motions for summary judgment. After careful consideration of the parties’ submissions and the record, the Court GRANTS Defendants’ (the Trustees’) motion for summary judgment and DENIES Plaintiffs motion for summary judgment.

I. DISCUSSION

A. Factual and Procedural Development:

Plaintiff Ronald L. Hurley is a fifty-one-year-old former miner employed intermittently in the coal industry from 1970 to 1991. In a hearing conducted January 10, 1991 Hurley presented evidence of his total disability, due to certain medical…